Many people lose money not over a big dispute, but over small things they do not know about. Postage for a complaint, interest on money returned late, unused lessons from a pass. A company will usually not offer them to you on its own. It is enough to know you are entitled to them, and to remind the company in writing.
What you paid for, the company owes you
Unused consultations, lessons or entries from a package. You bought ten yoga lessons and the studio closed after six? What was part of the paid package, the company must provide to you. It can lapse only under terms you knew in advance. When the company closes down or ends the contract itself, it must return the money for the unused part.
Free delivery or installation included in the price, which you then find on the invoice. What the company offered in an advertisement or a catalogue at a certain price is generally treated as an offer at that price (Section 1732(2) of the Civil Code). You can dispute the extra item.
A refund "if you are not satisfied". When the company states such a promise in its terms and conditions, it is part of the contract and the company must keep it (Section 1751(1) of the Civil Code).
A warranty from the box or from a leaflet. A five-year warranty printed on the packaging or promised in an advertisement binds the company, even if you do not receive a warranty certificate (Section 2113 and Section 2114 of the Civil Code).
Extra money you can ask for
Postage and other costs linked to a complaint. Did you send a faulty blender for a complaint by post, or did you travel to a shop at the other end of town because of it? The seller must reimburse you for costs reasonably incurred.
In plain terms: ask for the reimbursement, ideally right in the complaint. Keep the proof of posting or the ticket.
Interest when the company returns money late. The e-shop was supposed to refund your money and still nothing? From a company that is in default with payment, you can also claim default interest (Section 1970 of the Civil Code). Its amount is set by a government regulation and changes according to the rates of the Czech National Bank (Česká národní banka).
Postage for returning goods from an e-shop. If the e-shop did not warn you in advance that you bear the return costs, the e-shop pays them (Section 1832(3) of the Civil Code).
Take-back of an old appliance. When you buy a new washing machine or fridge, the seller must let you hand over an old appliance of a similar type free of charge, one for one, including at the place where the new one is delivered to you (Section 66(1) of Act No. 542/2020 Coll.).
A bill by email free of charge. Neither an operator nor an energy supplier may charge you for sending the bill electronically. Both must offer it free of charge (Section 64(2) of the Electronic Communications Act, Section 11(12) of the Energy Act).
Complaint rights that go unmentioned
Written confirmation of a complaint. The shop "accepts" your complaint only orally? When you make a complaint, the seller must give you written confirmation with the date, a description of the defect and how you want it resolved. After it is resolved, the seller must give you confirmation of when and how the complaint was dealt with, or give written reasons for the rejection (Section 19(2) and (5) of the Consumer Protection Act). Without the confirmation it is hard to prove when the thirty-day time limit started to run.
You do not have to pay the balance until the defect is resolved. The fitted kitchen arrived damaged and you still have to pay part of the price? Until the seller fulfils its duties arising from defective performance, you do not have to pay the part of the purchase price that is still unpaid (Section 2173 of the Civil Code).
Terms that cut your rights back in advance do not apply. Do the terms and conditions say that you can complain only within six months, or only with the original packaging? An arrangement that limits rights arising from a defect before a complaint is made is not taken into account (Section 2174 of the Civil Code).
When you have no claim
- You knew the terms and the company kept them. If you had two consultations free of charge, you used both and you knew the price of the third, you cannot ask for a refund for it.
- The item wore out through ordinary use. The law does not treat that as a defect.
Even then you can ask. Just expect that the company does not have to agree.
How to send a reminder
Write an email or a letter so you have proof of when you got in touch. Describe what happened, attach the receipt or a payment statement, and write exactly what you want and by when. You will find more tips in the article How to write a complaint so the company takes it seriously.
What to do next
Have you found that a company owes you something? Describe your situation to Legamik and Legamik will prepare a letter for you in a few minutes, which you send yourself. It will also state in it the amount you are claiming, and it will watch the time limits that are running for you.
Legamik is not a law firm and does not provide legal advice. In complex disputes we recommend consulting a lawyer.